Babloo Kumar Ram @ Babloo @ Babloo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10130 of 2020 Arising Out of PS. Case No.-44 Year-2016 Thana- BASOPATTI District- Madhubani ====================================================== BABLOO KUMAR RAM @ BABLOO @ BABLOO RAM Son of Chandra Kishore Ram Resident of Village - Donwari, Pathalgdha, P.S.- Ladania, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The District Manager, Bihar State Food And Civil Supplies Corporation Ltd. Madhubani. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Parmeshwar Mehta For O.P. No. 2 :

Mrs. Aruniti Jaipuriyar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The earlier bail applications of the petitioner were rejected vide Annexure-1 series to the present application. The petitioner seeks bail in a case registered under Sections 406, 420, 409 of the Indian Penal Code. The prosecution case in short is that the accused persons embezzled a sum of Rs. 71,65,805/- after selling 4316.75 quintals of paddy in the market.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.10130 of 2020(3) dt.30-06-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Misappropriation of public money amounting to Rs. 71 lacs and odd is denied by the petitioner. The petitioner happens to be the Executive Assistant posted at Madhubani. It is further submitted that the petitioner is in custody since 12.11.2017. He has remained in custody for 3 years and 7 months. There is no chance of trial being concluded in near future. A report was called for from the Trial Court. It has been reported that five witnesses are yet to be examined in the present case and against the said witnesses, non-bailable warrant of arrest have also been issued.

Considering the aforesaid facts and circumstances and also the lockdown, it is directed that the petitioner, above named, be released on bail on furnishing his personal bond of to the satisfaction of learned A.C.J.M.-V, Madhubani in connection with Basopatti P.S. Case No. 44 of 2016. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.10130 of 2020(3) dt.30-06-2021 3/3 It is further directed that the petitioner shall cooperate in the trial. If the Trial Court feels that the petitioner is not cooperating in the trial, the Trial Court will be at liberty to cancel the bail bonds of the petitioner.

(Sudhir Singh, J) Pankaj/- U T